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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Notice of Determination of Invalid Claim, Section 1277

    My question involves unemployment benefits for the state of: California.
    I received a letter from EDD with the title "Notice of determination of invalid claim, section 1277"
    I do not understand what it is about.
    It says : "In order to have a valid clain, section 1277 requires that you were paid or earned at least $1300 as an employee in one quarter during the period from 11.2.08 to 10.31.09 and performed some work, or that you were paid or earned at least $900 as an employee in the quarter of your highest earnings and earned at least 1.25 times your high quarter earnings during the above period and performed some work."
    I have been unemployed since 11.5.08 and the only income i have since then is about $1000 worth of severance pay and my UI benefits.
    It then says that this determination does not affect my claim for extended benefits then "any UI claim you file will be invalid under section 1277 until 4.20.10
    I still have no idea what 1277 is or how this letter affects anything, was i supposed to somehow earn $1300?? I thought the point of UI was because i had no income. I was told I qualified for a second extension to benefits automatically and have received the first form for that.
    Included is an appeal form.
    any help is appreciated.

  2. #2
    Join Date
    Aug 2009
    Posts
    6

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    Hi JakeL, wish I had the the answers for you, but until a senior member comes along to help you, here's the place to check the code EDD gave you; http://www.leginfo.ca.gov/cgi-bin/di...file=1275-1282 Maybe by reading what it all means you'll have more of an idea what the senior members will be telling you. Good luck

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    Quote Quoting JakeL
    View Post
    My question involves unemployment benefits for the state of: California.
    I received a letter from EDD with the title "Notice of determination of invalid claim, section 1277"
    I do not understand what it is about.
    It says : "In order to have a valid clain, section 1277 requires that you were paid or earned at least $1300 as an employee in one quarter during the period from 11.2.08 to 10.31.09 and performed some work, or that you were paid or earned at least $900 as an employee in the quarter of your highest earnings and earned at least 1.25 times your high quarter earnings during the above period and performed some work."
    I have been unemployed since 11.5.08 and the only income i have since then is about $1000 worth of severance pay and my UI benefits.
    It then says that this determination does not affect my claim for extended benefits then "any UI claim you file will be invalid under section 1277 until 4.20.10
    I still have no idea what 1277 is or how this letter affects anything, was i supposed to somehow earn $1300?? I thought the point of UI was because i had no income. I was told I qualified for a second extension to benefits automatically and have received the first form for that.
    Included is an appeal form.
    any help is appreciated.
    I have just received the same letter. Do you have any update to your situation?

    Thanks,
    Andrew

  4. #4
    Join Date
    Nov 2009
    Posts
    256

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    I received the same notice sometime around my second extension. Because I was close to the one year mark I received a notice of a new claim, then the next day I received notice of invalid claim that said the same thing that yours says.

    My benefits weren't affected at all.

    Hope this helps.

  5. #5
    Join Date
    Dec 2009
    Posts
    1

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    I do believe what you are talking about is the ineligiablity for regular unemployment. After one year, you can file a new claim for unemployment; however, you must have worked and earned as much as the initial amount of unemployment you received to qualify for that claim. it will not keep you from getting any extensions if you are denied but you must file for it, so the feds know that you are not eligible or that you will not be receiving regular unemployment while or before they send out the extension claim

  6. #6
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    Quote Quoting andrewc
    View Post
    I have just received the same letter. Do you have any update to your situation?

    Thanks,
    Andrew
    The same thing happened to me as did EA. I think Stuart is right, however I tried asking someone at EDD and never got a reply and forget about getting through on the phone. My 2nd extension has started as normal so I am no longer worried about it. Thanks for the replies.

  7. #7
    Join Date
    Dec 2009
    Posts
    1

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    i have some knowlege about invalid claim After one year, you can file a new claim for unemployment; however, you must have worked and earned as much as the initial amount of unemployment you received to qualify for that claim. it will not keep you from getting any extensions if you are denied but you must file for it, so the feds know that you are not eligible or that you will not be receiving regular unemployment while or before they send out the extension claim
    Reply With Quote

  8. #8
    Join Date
    Jan 2010
    Posts
    1

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    ya know i received the same letter last week and ive been tryin to figure out what it is. They just granted me an extension fo rmy UE benefits and then they sent this letter saying im being tested and that i cant claim benefits until 04/2010. Does anyone know whats going on?

  9. #9
    Join Date
    Jan 2010
    Posts
    3

    Default Section 1277 - My Attempt at Answering

    My question involves unemployment benefits for the state of: CA

    I stumbled on this site thru Google, while searching for "Section 1277." I picked up a couple pointers and some answers so thought I'd share.

    SPEAKING TO A LIVE REP:

    (from another member)
    Dial 800-300-5616
    If you hear - "Thank you for calling EDD" - HANG UP!!!
    If you hear "Welcome to EDD" - dial 1,3,0 (no pauses) to be transferred to a live operator

    Here's the part that's apparently changed since this member's post. First part still holds true, hear "Thank you...." hang up, you're heading into automation land, where no live person will hear you speak. Hear "Welcome to..." dial 1,3,0 and the system will tell you to hold for the next operator.

    Now for the part that changed. After 4 calls, I got the "Welcome to EDD" and got super excited. BUT, after the automated message said "wait time is 5mins, please hold," I got another automated message that said "callers exceeded, please try again" and the system hung up on me.

    You just have to keep calling but just remember, you will NEVER speak to a live rep if you hear "Thank you for calling EDD."

    Okay, now onto Section 1277. If you've gotten this far through my post, you might be in store for a semi anticlimactic finish.

    I was told by the EDD rep that I didn't have to do anything. I will continue to receive benefits. I can just "file away" the documents I am calling about.

    After 1 year of receiving benefits, EDD automatically files a new claim. When I filled out my claim, I had earnings from a job. When EDD filed, I was receiving benefits, no earnings from a job. So, of course I had no earnings while I was receiving unemployment benefits hence the Section 1277 "no earnings/$1300/1.5x highest quarter" jiggerjab.

    YOU WILL CONTINUE TO RECEIVE MONEY BASED ON YOUR FILING WITH EDD.

    I don't understand the reason behind the letter at all, especially if Section 1227 is just a measure to confuse people and put them in a panic.

    I hope that clears it up a bit for anyone else stumbling on this site searching for Section 1277 answers.

  10. #10
    Join Date
    Jan 2010
    Posts
    7

    Default Re: Notice of Determination of Invalid Claim, Section 1277

    If you are currently eligible to receive benefits on one of the federal extensions 1277 will not affect your eligibility to continue to do so. 1277 comes into play when a person is trying to file 2 regular unemployment claims back to back. The confusion comes into play because UI will automatically attempt to file a regular UI claim every time there is a quarter change in case you may be entitled to one to switch from the federal extension to a regular claim If the letter is marked that this would not affect your extended benefits, then it shouldn't and you should be able to continue to collect on your extension as long as you meet all criteria.

    In case you want to reference the Benefit Decision Guide, here you go:
    D. The "Lag Period"

    Section 1277 of the UI Code prevents an individual from establishing valid claims in two successive benefit years without having reestablished an attachment to the labor market subsequent to the effective date of the first claim.

    The "lag period" is the space of time between the end of the base period of the claim and the effective date of the claim itself. Earnings during the lag period are not used in computing the award of the claim. Whenever these "lag period" wages appear in the base period of a subsequent claim, the 1277 test applies.

    In enacting Section 1277, the Legislature placed a "test" upon the claimant's attachment to the labor market before a second claim could be established on "lag period" wages. The test consists of both an earnings and work requirement.

    1. The Earnings Requirement

    Section 1277(b) requires that the claimant have had, during the old benefit year, sufficient wages of the type required to establish a claim. This requirement means that, for claims established after January 1, 1992, the claimant must have been:

    - Paid wages for employment of not less that $1300 during the "high quarter" of the base period of the new claim, or

    - Paid wages for employment of not less than $900 in the "high quarter" of the new claim, and have earnings of 1.25 times those "high quarter" earnings in the base period of the new claim. (Example: If "high quarter" earnings are $900, the claimant must have total base period earnings of at least $1125. If "high quarter" earnings are $1200, the total base period earnings required are at least $1500., etc.)

    While only earnings in covered employment may be used to establish an award, any and all compensation as an employee may be used to satisfy the earnings requirement for clearing the lag period test of Section 1277. This includes compensation from nonsubject employment, out-of-state employment, and where there is elective coverage, earnings in self-employment. It also includes fees for performance as a juror or court summoned witness, in lieu of notice pay, as well as any vacation pay, backpay, sick leave pay or holiday pay which is not excluded from the definition of Wages in Section 1265.5.

    Compensation for any military service, whether on an active duty basis or a member of the reserves, constitutes employment. Therefore, it can be used to satisfy both the earnings test and the "some work" test as described below.

    2. The "Some Work" Requirement

    The "some work" requirement is in addition to the earnings requirement described above. This requirement guarantees that the claimant has shown some attachment to a labor market during his old benefit year.

    "Some work" is defined in Section 1277-2 of Title 22 as follows:

    "Work" means services performed by a person for remuneration under a bona fide contract with and payable by another person, including any employing unit, and includes services performed for income or earnings in self-employment, or as an employee as defined in Section 621 of the Code, or as an independent contractor for a principal or as an employee under the usual common law or admiralty rules regardless of whether the services are in employment under the Code."

    Thus, if an individual has performed any personal service as an employee or self-employed individual during the test period for which he received remuneration in any amount, the second condition for clearing the lag test is satisfied.

    For example, in P-B-156, the claimant received sufficient residual wages during the test period to meet the earnings requirement of Section 1277. Although he had not worked in an employer-employee relationship during the 52 weeks following the effective date of his prior claim, he had earnings from self-employment during this period. In ruling that the claim was valid under Section 1277, the Board said:

    ". . . The Department's regulation 1277-2 which was adopted to implement and interpret the "work" requirement of Section 1277 included self-employment. We believe this was a correct interpretation and . . . hold "self-employment" does satisfy the "some work" requirement of Section 1277."

    In some cases, the claimant may receive remuneration for a period during which he actually did not work, such as standby, idle-time, backpay, or show-up pay. Such compensation satisfies the requirement for performing "some work" since the claimant was hired to hold himself in readiness to perform services. His time is thus in service of another, even though he is inactive.

    On the other hand, the receipt of sick leave, vacation pay, or in lieu-of-notice pay does not satisfy the "some work" requirement for clearing the lag test. While these payments may constitute wages under Section 1252 or lag period earnings for satisfying the first condition of the 1277 test, they do not satisfy the requirement for performing "some work," since they do not constitute remuneration for performance of a service.

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